39–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 113–338 

FEDERAL COMMUNICATIONS COMMISSION PROCESS 

REFORM ACT OF 2013 

JANUARY 31, 2014.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. UPTON, from the Committee on Energy and Commerce, 

submitted the following 

R E P O R T 

[To accompany H.R. 3675] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Commerce, to whom was referred 

the bill (H.R. 3675) to amend the Communications Act of 1934 to 

provide for greater transparency and efficiency in the procedures 

followed by the Federal Communications Commission, having considered the same, report favorably thereon with amendments and 

recommend that the bill as amended do pass. 

CONTENTS 

Purpose and Summary ............................................................................................ 6 

Background and Need for Legislation .................................................................... 6 

Hearings ................................................................................................................... 7 

Committee Consideration ........................................................................................ 8 

Committee Votes ...................................................................................................... 8 

Committee Oversight Findings ............................................................................... 9 

Statement of General Performance Goals and Objectives .................................... 9 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 9 

Earmark, Limited Tax Benefits, and Limited Tariff Benefits ............................. 9 

Committee Cost Estimate ....................................................................................... 9 

Congressional Budget Office Estimate ................................................................... 9 

Federal Mandates Statement ................................................................................. 12 

Duplication of Federal Programs ............................................................................ 12 

Disclosure of Directed Rule Makings ..................................................................... 12 

Advisory Committee Statement .............................................................................. 12 

Applicability to Legislative Branch ........................................................................ 12 

Section-by-Section Analysis of the Legislation ...................................................... 13 

Changes in Existing Law Made by the Bill, as Reported ..................................... 15 

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 


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SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Federal Communications Commission Process Reform Act of 2013’’. 

SEC. 2. FCC PROCESS REFORM. 

(a) IN GENERAL.—Title I of the Communications Act of 1934 (47 U.S.C. 151 et 

seq.) is amended by inserting after section 12 the following new section: 

‘‘SEC. 13. TRANSPARENCY AND EFFICIENCY. 

‘‘(a) INITIAL RULEMAKING AND INQUIRY.— 

‘‘(1) RULEMAKING.—Not later than 1 year after the date of the enactment of 

the Federal Communications Commission Process Reform Act of 2013, the Commission shall complete a rulemaking proceeding and adopt procedural changes 

to its rules to maximize opportunities for public participation and efficient decisionmaking. 

‘‘(2) REQUIREMENTS FOR RULEMAKING.—The rules adopted under paragraph 

(1) shall— 

‘‘(A) set minimum comment periods for comment and reply comment, subject to a determination by the Commission that good cause exists for departing from such minimum comment periods, for— 

‘‘(i) significant regulatory actions, as defined in Executive Order 

12866; and 

‘‘(ii) all other rulemaking proceedings; 

‘‘(B) establish policies concerning the submission of extensive new comments, data, or reports towards the end of the comment period; 

‘‘(C) establish policies regarding treatment of comments, ex parte communications, and data or reports (including statistical reports and reports to 

Congress) submitted after the comment period to ensure that the public has 

adequate notice of and opportunity to respond to such submissions before 

the Commission relies on such submissions in any order, decision, report, 

or action; 

‘‘(D) establish procedures for publishing the status of open rulemaking 

proceedings and proposed orders, decisions, reports, or actions on circulation for review by the Commissioners, including which Commissioners have 

not cast a vote on an order, decision, report, or action that has been on circulation for more than 60 days; 

‘‘(E) establish deadlines (relative to the date of filing) for— 

‘‘(i) in the case of a petition for a declaratory ruling under section 1.2 

of title 47, Code of Federal Regulations, issuing a public notice of such 

petition; 

‘‘(ii) in the case of a petition for rulemaking under section 1.401 of 

such title, issuing a public notice of such petition; and 

‘‘(iii) in the case of a petition for reconsideration under section 1.106 

or 1.429 of such title or an application for review under section 1.115 

of such title, issuing a public notice of a decision on the petition or application by the Commission or under delegated authority (as the case 

may be); 

‘‘(F) establish guidelines (relative to the date of filing) for the disposition 

of petitions filed under section 1.2 of such title; 

‘‘(G) establish procedures for the inclusion of the specific language of the 

proposed rule or the proposed amendment of an existing rule in a notice 

of proposed rulemaking; and 

‘‘(H) require notices of proposed rulemaking and orders adopting a rule 

or amending an existing rule that— 

‘‘(i) create (or propose to create) a program activity to contain performance measures for evaluating the effectiveness of the program activity; and 

‘‘(ii) substantially change (or propose to substantially change) a program activity to contain— 

‘‘(I) performance measures for evaluating the effectiveness of the 

program activity as changed (or proposed to be changed); or 

‘‘(II) a finding that existing performance measures will effectively 

evaluate the program activity as changed (or proposed to be 

changed). 

‘‘(3) INQUIRY.—Not later than 1 year after the date of the enactment of the 

Federal Communications Commission Process Reform Act of 2013, the Commission shall complete an inquiry to seek public comment on whether and how the 

Commission should— 


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‘‘(A) establish procedures for allowing a bipartisan majority of Commissioners to place an order, decision, report, or action on the agenda of an 

open meeting; 

‘‘(B) establish procedures for informing all Commissioners of a reasonable 

number of options available to the Commission for resolving a petition, 

complaint, application, rulemaking, or other proceeding; 

‘‘(C) establish procedures for ensuring that all Commissioners have adequate time, prior to being required to decide a petition, complaint, application, rulemaking, or other proceeding (including at a meeting held pursuant 

to section 5(d)), to review the proposed Commission decision document, including the specific language of any proposed rule or any proposed amendment of an existing rule; 

‘‘(D) establish procedures for publishing the text of agenda items to be 

voted on at an open meeting in advance of such meeting so that the public 

has the opportunity to read the text before a vote is taken; 

‘‘(E) establish deadlines (relative to the date of filing) for disposition of 

applications for a license under section 1.913 of title 47, Code of Federal 

Regulations; 

‘‘(F) assign resources needed in order to meet the deadlines described in 

subparagraph (E), including whether the Commission’s ability to meet such 

deadlines would be enhanced by assessing a fee from applicants for such 

a license; and 

‘‘(G) publish each order, decision, report, or action not later than 30 days 

after the date of the adoption of such order, decision, report, or action. 

‘‘(4) DATA FOR PERFORMANCE MEASURES.—The Commission shall develop a 

performance measure or proposed performance measure required by this subsection to rely, where possible, on data already collected by the Commission. 

‘‘(b) PERIODIC REVIEW.—On the date that is 5 years after the completion of the 

rulemaking proceeding under subsection (a)(1), and every 5 years thereafter, the 

Commission shall initiate a new rulemaking proceeding to continue to consider such 

procedural changes to its rules as may be in the public interest to maximize opportunities for public participation and efficient decisionmaking. 

‘‘(c) NONPUBLIC COLLABORATIVE DISCUSSIONS.— 

‘‘(1) IN GENERAL.—Notwithstanding section 552b of title 5, United States 

Code, a bipartisan majority of Commissioners may hold a meeting that is closed 

to the public to discuss official business if— 

‘‘(A) a vote or any other agency action is not taken at such meeting; 

‘‘(B) each person present at such meeting is a Commissioner, an employee 

of the Commission, a member of a joint board or conference established 

under section 410, or a person on the staff of such a joint board or conference or of a member of such a joint board or conference; and 

‘‘(C) an attorney from the Office of General Counsel of the Commission 

is present at such meeting. 

‘‘(2) DISCLOSURE OF NONPUBLIC COLLABORATIVE DISCUSSIONS.—Not later than 

2 business days after the conclusion of a meeting held under paragraph (1), the 

Commission shall publish a disclosure of such meeting, including— 

‘‘(A) a list of the persons who attended such meeting; and 

‘‘(B) a summary of the matters discussed at such meeting, except for such 

matters as the Commission determines may be withheld under section 

552b(c) of title 5, United States Code. 

‘‘(3) PRESERVATION OF OPEN MEETINGS REQUIREMENTS FOR AGENCY ACTION.— 

Nothing in this subsection shall limit the applicability of section 552b of title 

5, United States Code, with respect to a meeting of Commissioners other than 

that described in paragraph (1). 

‘‘(d) ACCESS TO CERTAIN INFORMATION ON COMMISSION’S WEBSITE.—The Commission shall provide direct access from the homepage of its website to— 

‘‘(1) detailed information regarding— 

‘‘(A) the budget of the Commission for the current fiscal year; 

‘‘(B) the appropriations for the Commission for such fiscal year; and 

‘‘(C) the total number of full-time equivalent employees of the Commission; and 

‘‘(2) the performance plan most recently made available by the Commission 

under section 1115(b) of title 31, United States Code. 

‘‘(e) FEDERAL REGISTER PUBLICATION.— 

‘‘(1) IN GENERAL.—In the case of any document adopted by the Commission 

that the Commission is required, under any provision of law, to publish in the 

Federal Register, the Commission shall, not later than the date described in 

paragraph (2), complete all Commission actions necessary for such document to 

be so published. 


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‘‘(2) DATE DESCRIBED.—The date described in this paragraph is the earlier 

of— 

‘‘(A) the day that is 45 days after the date of the release of the document; 

or 

‘‘(B) the day by which such actions must be completed to comply with any 

deadline under any other provision of law. 

‘‘(3) NO EFFECT ON DEADLINES FOR PUBLICATION IN OTHER FORM.—In the case 

of a deadline that does not specify that the form of publication is publication 

in the Federal Register, the Commission may comply with such deadline by 

publishing the document in another form. Such other form of publication does 

not relieve the Commission of any Federal Register publication requirement applicable to such document, including the requirement of paragraph (1). 

‘‘(f) CONSUMER COMPLAINT DATABASE.— 

‘‘(1) IN GENERAL.—In evaluating and processing consumer complaints, the 

Commission shall present information about such complaints in a publicly available, searchable database on its website that— 

‘‘(A) facilitates easy use by consumers; and 

‘‘(B) to the extent practicable, is sortable and accessible by— 

‘‘(i) the date of the filing of the complaint; 

‘‘(ii) the topic of the complaint; 

‘‘(iii) the party complained of; and 

‘‘(iv) other elements that the Commission considers in the public interest. 

‘‘(2) DUPLICATIVE COMPLAINTS.—In the case of multiple complaints arising 

from the same alleged misconduct, the Commission shall be required to include 

only information concerning one such complaint in the database described in 

paragraph (1). 

‘‘(g) FORM OF PUBLICATION.— 

‘‘(1) IN GENERAL.—In complying with a requirement of this section to publish 

a document, the Commission shall publish such document on its website, in addition to publishing such document in any other form that the Commission is 

required to use or is permitted to and chooses to use. 

‘‘(2) EXCEPTION.—The Commission shall by rule establish procedures for redacting documents required to be published by this section so that the published versions of such documents do not contain— 

‘‘(A) information the publication of which would be detrimental to national security, homeland security, law enforcement, or public safety; or 

‘‘(B) information that is proprietary or confidential. 

‘‘(h) TRANSPARENCY RELATING TO PERFORMANCE IN MEETING FOIA REQUIREMENTS.—The Commission shall take additional steps to inform the public about its 

performance and efficiency in meeting the disclosure and other requirements of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), including by doing the following: 

‘‘(1) Publishing on the Commission’s website the Commission’s logs for tracking, responding to, and managing requests submitted under such section, including the Commission’s fee estimates, fee categories, and fee request determinations. 

‘‘(2) Releasing to the public all decisions made by the Commission (including 

decisions made by the Commission’s Bureaus and Offices) granting or denying 

requests filed under such section, including any such decisions pertaining to the 

estimate and application of fees assessed under such section. 

‘‘(3) Publishing on the Commission’s website electronic copies of documents released under such section. 

‘‘(4) Presenting information about the Commission’s handling of requests 

under such section in the Commission’s annual budget estimates submitted to 

Congress and the Commission’s annual performance and financial reports. Such 

information shall include the number of requests under such section the Commission received in the most recent fiscal year, the number of such requests 

granted and denied, a comparison of the Commission’s processing of such requests over at least the previous 3 fiscal years, and a comparison of the Commission’s results with the most recent average for the United States Government as published on www.foia.gov. 

‘‘(i) PROMPT RELEASE OF STATISTICAL REPORTS AND REPORTS TO CONGRESS.—Not 

later than January 15th of each year, the Commission shall identify, catalog, and 

publish an anticipated release schedule for all statistical reports and reports to Congress that are regularly or intermittently released by the Commission and will be 

released during such year. 

‘‘(j) ANNUAL SCORECARD REPORTS.— 


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‘‘(1) IN GENERAL.—For the 1-year period beginning on January 1st of each 

year, the Commission shall prepare a report on the performance of the Commission in conducting its proceedings and meeting the deadlines established under 

subsection (a)(2)(E) and the guidelines established under subsection (a)(2)(F). 

‘‘(2) CONTENTS.—Each report required by paragraph (1) shall contain detailed 

statistics on such performance, including, with respect to each Bureau of the 

Commission— 

‘‘(A) with respect to each type of filing specified in subsection (a)(2)(E) or 

(a)(2)(F)— 

‘‘(i) the number of filings that were pending on the last day of the 

period covered by such report; 

‘‘(ii) the number of filings described in clause (i) for which each applicable deadline or guideline established under such subsection was not 

met and the average length of time such filings have been pending; and 

‘‘(iii) for filings that were resolved during such period, the average 

time between initiation and resolution and the percentage for which 

each applicable deadline or guideline established under such subsection 

was met; 

‘‘(B) with respect to proceedings before an administrative law judge— 

‘‘(i) the number of such proceedings completed during such period; 

and 

‘‘(ii) the number of such proceedings pending on the last day of such 

period; and 

‘‘(C) the number of independent studies or analyses published by the 

Commission during such period. 

‘‘(3) PUBLICATION AND SUBMISSION.—The Commission shall publish and submit to the Committee on Energy and Commerce of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of the Senate 

each report required by paragraph (1) not later than the date that is 30 days 

after the last day of the period covered by such report. 

‘‘(k) DEFINITIONS.—In this section: 

‘‘(1) AMENDMENT.—The term ‘amendment’ includes, when used with respect 

to an existing rule, the deletion of such rule. 

‘‘(2) BIPARTISAN MAJORITY.—The term ‘bipartisan majority’ means, when used 

with respect to a group of Commissioners, that such group— 

‘‘(A) is a group of 3 or more Commissioners; and 

‘‘(B) includes, for each political party of which any Commissioner is a 

member, at least 1 Commissioner who is a member of such political party, 

and, if any Commissioner has no political party affiliation, at least one unaffiliated Commissioner. 

‘‘(3) PERFORMANCE MEASURE.—The term ‘performance measure’ means an objective and quantifiable outcome measure or output measure (as such terms are 

defined in section 1115 of title 31, United States Code). 

‘‘(4) PROGRAM ACTIVITY.—The term ‘program activity’ has the meaning given 

such term in section 1115 of title 31, United States Code, except that such term 

also includes any annual collection or distribution or related series of collections 

or distributions by the Commission of an amount that is greater than or equal 

to $100,000,000. 

‘‘(5) OTHER DEFINITIONS.—The terms ‘agency action’, ‘ex parte communication’, and ‘rule’ have the meanings given such terms in section 551 of title 5, 

United States Code.’’. 

(b) EFFECTIVE DATES AND IMPLEMENTING RULES.— 

(1) EFFECTIVE DATES.— 

(A) NONPUBLIC COLLABORATIVE DISCUSSIONS.—Subsection (c) of section 13 

of the Communications Act of 1934, as added by subsection (a), shall apply 

beginning on the first date on which all of the procedural changes to the 

rules of the Federal Communications Commission required by subsection 

(a)(1) of such section have taken effect. 

(B) SCHEDULES AND REPORTS.—Subsections (i) and (j) of such section 13 

shall apply with respect to 2014 and any year thereafter. 

(2) RULES.—Except as otherwise provided in such section 13, the Federal 

Communications Commission shall promulgate any rules necessary to carry out 

such section not later than 1 year after the date of the enactment of this Act. 

SEC. 3. CATEGORIZATION OF TCPA INQUIRIES AND COMPLAINTS IN QUARTERLY REPORT. 

In compiling its quarterly report with respect to informal consumer inquiries and 

complaints, the Federal Communications Commission may not categorize an inquiry 

or complaint with respect to section 227 of the Communications Act of 1934 (47 

U.S.C. 227) as being a wireline inquiry or complaint or a wireless inquiry or comVerDate Mar 15 2010 05:19 Feb 04, 2014 Jkt 039006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6621 E:\HR\OC\HR338.XXX HR338

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plaint unless the party whose conduct is the subject of the inquiry or complaint is 

a wireline carrier or a wireless carrier, respectively. 

SEC. 4. EFFECT ON OTHER LAWS. 

Nothing in this Act or the amendments made by this Act shall relieve the Federal 

Communications Commission from any obligations under title 5, United States 

Code, except where otherwise expressly provided. 

SEC. 5. APPLICATION OF ANTIDEFICIENCY ACT TO UNIVERSAL SERVICE PROGRAM. 

(a) IN GENERAL.—Section 254 of the Communications Act of 1934 (47 U.S.C. 254) 

is amended by adding at the end the following: 

‘‘(m) APPLICATION OF ANTIDEFICIENCY ACT.—Section 1341 and subchapter II of 

chapter 15 of title 31, United States Code, do not apply— 

‘‘(1) to any amount collected or received as Federal universal service contributions required by this section, including any interest earned on such contributions; or 

‘‘(2) to the expenditure or obligation of amounts attributable to such contributions for universal service support programs established pursuant to this section.’’. 

(b) REPEAL OF TEMPORARY PROVISION.—Title III of Public Law 108–494 (118 Stat. 

3997) is repealed. 

Amend the title so as to read: A bill to amend the Communications Act of 1934 to provide for greater transparency and efficiency 

in the procedures followed by the Federal Communications Commission, and for other purposes. 

PURPOSE AND SUMMARY

H.R. 3675, the ‘‘Federal Communications Commission Process 

Reform Act of 2013,’’ improves the processes of the Federal Communications Commission (FCC, Commission, or Agency) and provides for greater transparency and efficiency in the procedures followed by the agency. The legislation requires the Commission to 

conduct a rulemaking and adopt procedural changes to its rules to 

maximize opportunities for public participation and efficient decision-making, as well as conduct an inquiry seeking public comment 

on whether and how the Commission should make additional 

changes. 

BACKGROUND AND NEED FOR LEGISLATION

The communications and technology sector is rapidly evolving, 

and is among the most competitive and innovative in our economy. 

From fiber optics to 4G wireless service, from the smartphone to 

the tablet to the connected TV, this sector has been creating new 

services and new devices—and the high-quality jobs that come with 

high-tech innovation and investment—despite the economic challenges our country is facing. In 2012, the industry invested $68 billion to deploy broadband infrastructure, a billion more than in 

2011, totaling more than $1.2 trillion dollars invested to upgrade 

their networks since 1996. See US Telecom, Broadband Industry 

Stats, Broadband Investment, http://www.ustelecom.org/ 

broadband-industry/broadband-industry-stats/investment. The 

United States is now the world leader in wireless LTE network deployment. Improving the openness, transparency, and predictability 

of the FCC will strengthen the communications and technology sector. 

The Committee on Energy and Commerce has long had concerns 

with the processes and procedures of the Agency, under both Republican and Democrat-led commissions. The Committee has held 

numerous oversight and legislative hearings examining the pracVerDate Mar 15 2010 05:19 Feb 04, 2014 Jkt 039006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR338.XXX HR338

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tices of the Agency and the impact that flawed FCC process has on 

consumers, industry, and the economy. While there were improvements to the Commission’s process under recent chairmen, this legislation will ensure that reforms remain in place from one administration to the next. 

H.R. 3675, as amended, is the product of several months of bipartisan subcommittee negotiations. A bipartisan amendment in the 

nature of a substitute adopted during full Committee consideration 

of the bill requires the FCC to conduct a rulemaking and adopt 

rules that address identified procedural concerns. The legislation is 

a significant step towards a better-functioning agency. 

The legislation would produce a collaborative process in which 

the Commission establishes the parameters to achieve congressionally established goals. The Commission is charged with setting its 

own deadlines and minimum comment periods for rules and publication of FCC documents and with developing performance measures for program activities, which will provide parties and the public certainty and accountability. In addition, the required notice of 

inquiry asks the FCC to seek public comment on particularly complex issues that warrant further examination and improvement. 

While the legislation allows the Commission to set many of its 

own procedures and rules, H.R. 3675 also includes backstops that 

ensure accountability. The annual scorecard required by the legislation mandates yearly reports by the FCC regarding its performance in meeting the deadlines and guidelines established in the 

rulemaking. Taking inventory of whether the Commission is meeting its deadlines will allow the FCC to improve where needed and 

will give the public insight into the Agency’s activity. 

Provided the Commission completes the required rulemaking and 

inquiry process, the legislation also includes provisions allowing 

Commissioners to engage in non-public, collaborative discussions 

that are currently prohibited by the Government in the Sunshine 

Act, 5 U.S.C. § 552(b) (1976). The new provisions remedy real procedural problems for the Commission and contain significant safeguards to preserve the increased transparency that is the goal of 

the Government in the Sunshine Act. Non-public collaborative 

meetings would be monitored by attorneys from the Commission’s 

Office of General Counsel, and each meeting would require public 

disclosure of the content of the meeting. The delayed implementation will ensure that both the statutory and regulatory changes to 

the Commission’s process take effect contemporaneously. 

H.R. 3675 will create a stronger, better regulatory agency for one 

of the economy’s most vibrant sectors. The industry deserves an efficient and effective expert regulator, and the public deserves a 

transparent and accountable Federal government. 

HEARINGS

The Committee on Energy and Commerce has been concerned 

about the processes of the FCC for many years and has had a number of oversight hearings on this matter. In the 110th Congress, 

the Subcommittee on Telecommunications and the Internet held 

two oversight hearings of the FCC, one on March 14, 2007, and a 

second on July 24, 2007. At each hearing, the Subcommittee received testimony from Chairman Kevin J. Martin, Commissioner 

Michael J. Copps, Commissioner Robert M. McDowell, CommisVerDate Mar 15 2010 05:19 Feb 04, 2014 Jkt 039006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR338.XXX HR338

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sioner Jonathan S. Adelstein, and Commissioner Deborah Taylor 

Tate. 

During the 111th Congress, the Subcommittee on Telecommunications and the Internet held a hearing on September 17, 2009, entitled ‘‘Oversight of the Federal Communications Commission.’’ The 

Subcommittee received testimony from Chairman Julius 

Genachowski, Commissioner Michael J. Copps, Commissioner Robert M. McDowell, Commissioner Mignon Clyburn, and Commissioner Meredith Attwell Baker. 

The Subcommittee on Communications and Technology held a 

hearing on May 13, 2011, entitled ‘‘FCC Process Reform.’’ The Subcommittee received testimony from FCC Chairman Julius 

Genachowski, Commissioner Michael J. Copps, Commissioner Robert M. McDowell, and Commissioner Mignon Clyburn. 

The Subcommittee on Communications and Technology held a 

hearing on June 22, 2011, entitled ‘‘Reforming FCC Process.’’ The 

Subcommittee examined a staff discussion draft of legislation to reform the FCC’s processes. The Subcommittee received testimony 

from John Sununu, Honorary Co-Chair of Broadband for America; 

Kathleen Abernathy, Chief Legal Officer and Executive Vice President of Frontier Communications; Mark Cooper, Research Director 

of the Consumer Federation of America; Randolph J. May, President of the Free State Foundation; Brad Ramsay, General Counsel 

of the National Association of Regulatory Utility Commissioners; 

and Ronald Levin, William R. Orthwein Distinguished Professor of 

Law at Washington University School of Law. 

The Subcommittee on Communications and Technology held an 

oversight hearing on July 11, 2013, entitled ‘‘Improving FCC Process.’’ The Subcommittee received testimony from Stuart M. Benjamin, Douglas B. Maggs Chair in Law and Associate Dean for Research at Duke Law; Larry Downes, Internet industry analyst and 

author; Robert M. McDowell, former FCC Commissioner and Visiting Fellow at Hudson Institute; Randolph J. May, President of 

Free State Foundation; Richard J. Pierce Jr., Lyle T. Alverson Professor of Law at George Washington University Law School; and 

James Bradford Ramsay, General Counsel of the National Association of Regulatory Utility Commissioners. 

COMMITTEE CONSIDERATION

On July 24, 2013, the Subcommittee on Communications and 

Technology met in open markup session and favorably forwarded 

the bill to the full Committee by a voice vote. 

On December 10 and 11, 2013, the Committee on Energy and 

Commerce met in open markup session and favorably reported 

H.R. 3675, as amended, to the House by voice vote. 

COMMITTEE VOTES

Clause 3(b) of Rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. There were no 

record votes taken in connection with ordering H.R. 3675 reported. 

A motion by Mr. Upton to order H.R. 3675 reported to the House, 

with amendment, was agreed to by a voice vote. 


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COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the House 

of Representatives, the Committee held a hearing and made findings that are reflected in this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

The goal and objective of H.R. 3675 is to improve the processes 

of the Federal Communications Commission by providing greater 

transparency and efficiency in the Agency’s activity. The legislation 

accomplishes this by requiring the Agency to conduct a rulemaking 

and adopt rules, seek comment on procedural changes, and implement statutory changes to the Agency’s current practices. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of Rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 3675 

would result in no new or increased budget authority, entitlement 

authority, or tax expenditures or revenues. 

EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

In compliance with clause 9(e), 9(f), and 9(g) of Rule XXI of the 

Rules of the House of Representatives, the Committee finds that 

H.R. 3675 contains no earmarks, limited tax benefits, or limited 

tariff benefits. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate provided by 

the Congressional Budget Office pursuant to section 402 of the 

Congressional Budget Act of 1974: 

January 29, 2014. 

Hon. FRED UPTON, 

Chairman, Committee on Energy and Commerce 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3675, the Federal Communications Commission Process Reform Act of 2013. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Susan Willie. 

Sincerely, 

DOUGLAS W. ELMENDORF, 

Enclosure. 


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H.R. 3675—Federal Communications Commission Process Reform 

Act of 2013 

Summary: H.R. 3675 would make a number of changes to procedures that the Federal Communications Commission (FCC) follows 

in its rulemaking processes. The bill also would require the FCC 

to create a public database of information about complaints made 

by consumers of telecommunications services. Finally, the bill 

would permanently exempt the Universal Service Fund (USF) from 

provisions of the Antideficiency Act. 

CBO estimates that enacting H.R. 3675 would increase direct 

spending by $197 million over the 2014–2023 period; therefore, 

pay-as-you-go procedures apply. Enacting H.R. 3675 would not affect revenues. 

Further, CBO estimates that implementing H.R. 3675 to amend 

the FCC’s operating procedures would cost $15 million over the 

next five years, assuming appropriation of the necessary amounts; 

however, the FCC is authorized to collect fees sufficient to offset 

the cost of its regulatory activities each year. Therefore, CBO estimates that the net cost to implement those provisions of H.R. 3675 

would not be significant, assuming annual appropriation actions 

consistent with the agency’s authorities. 

H.R. 3675 contains no intergovernmental mandates as defined in 

the Unfunded Mandates Reform Act (UMRA) and would not affect 

the budgets of state, local, or tribal governments. 

To the extent that the FCC would increase annual fee collections 

to offset the costs of implementing its additional regulatory activities, the bill would impose a private-sector mandate on some commercial entities regulated by the FCC. Based on information from 

the FCC, CBO estimates that the cost of the mandate would be 

small, and fall well below the annual threshold established in 

UMRA for private-sector mandates ($152 million in 2014, adjusted 

annually for inflation). 

Estimated cost to the federal government: The estimated budgetary impact of H.R. 3675 is shown in the following table. The costs 

of this legislation falls within budget function 370 (commerce and 

housing credit). 

By fiscal year, in millions of dollars 2014 

2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2014– 

2019 

2014– 

2024 

CHANGES IN DIRECT SPENDING a

Estimated Budget 

Authority ............. 0 0 0 0 0 0 0 0 0 0 0 0 0 

Estimated Outlays .. 0 0 91 69 15 3 3 4 4 4 4 178 197 

a CBO estimates H.R. 3675 also would have an insignificant net impact on spending that is subject to appropriation. 

Basis of estimate: For this estimate, CBO assumes that the bill 

will be enacted near the middle of fiscal year 2014. 

Direct spending: H.R. 3675 would permanently exempt the USF 

from provisions of the Antideficiency Act. Created by the Telecommunications Act of 1996, the USF redistributes income from 

interstate telecommunications carriers to other carriers providing 

services to high-cost areas, low-income households, schools, libraries, and nonprofit health care providers in rural areas. The cash 

flows from the USF appear in the budget as revenues (for fund colVerDate Mar 15 2010 05:19 Feb 04, 2014 Jkt 039006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR338.XXX HR338

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lections) and direct spending (for amounts distributed from the 

fund). 

Under current law, the USF has a temporary exemption from the 

Antideficiency Act that will expire at the end of calendar year 

2015. Spending for one of the fund’s initiatives, the Schools and Libraries program, is affected by that exemption. When the USF receives and approves an application for funding from the Schools 

and Libraries program, it obligates funds to be paid to the recipient 

pending compliance with certain grant conditions. While the exemption is in place, the USF is able to obligate funds for schools 

and libraries without having sufficient amounts available to meet 

those obligations. Without the exemption, the Schools and Libraries 

program would be unable to obligate funds until sufficient resources to meet its obligation became available. This program, 

which distributes funds to eligible institutions to provide affordable 

Internet and telecommunications services, spent $2.1 billion for 

those purposes in fiscal year 2013. By making the exemption permanent, H.R. 3675 would allow the program to obligate and spend 

funds faster than it would without the exemption. 

CBO does not expect that the USF would collect or spend more 

as a result of the exemption; rather, we estimate that the timing 

of the spending would change. Specifically, CBO estimates that 

under the exemption, spending patterns would shift so that on balance more funds would be spent relative to the current-law baseline estimates over the next 10 years. CBO estimates that the increase in the rate of spending would increase costs by $197 million 

over the 2014–2024 period. 

Spending subject to appropriation: H.R. 3675 would require the 

FCC to adopt new rules related to the agency’s decision-making 

processes and to present certain information in greater detail on 

the agency website. Based on information from the FCC, CBO estimates that implementing those provisions would cost about $15 

million over the 2014–2019 period for additional administrative 

and information technology costs. However, the FCC is authorized 

to collect fees sufficient to offset its regulatory costs each year; 

therefore, CBO estimates that the net cost to implement H.R. 3675 

would not be significant over the 2014–2019 period, assuming appropriation actions consistent with that authority. 

Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. The net 

changes in outlays that are subject to those pay-as-you-go procedures are shown in the following table. 

CBO Estimate of Pay-As-You-Go Effects for H.R. 3675, as ordered reported by the House 

Committee on Energy and Commerce on December 10, 2013 

By fiscal year, in millions of dollars 2014— 

2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2014– 

2019 

2014– 

2024 

NET INCREASE IN THE DEFICIT 

Statutory Pay-AsYou-Go Impact ... 0 0 91 69 15 3 3 4 4 4 4 178 197 


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Estimated impact on state, local, and tribal governments: H.R. 

3675 contains no intergovernmental mandates as defined in UMRA 

and would not affect the budgets of state, local, or tribal governments. 

Estimated impact on the private sector: Assuming the FCC 

would increase annual fee collections to offset the costs of its additional regulatory activities, the bill would increase the cost of an 

existing mandate on some commercial entities regulated by the 

agency. The FCC is authorized to collect fees sufficient to offset its 

regulatory costs each year, subject to its annual appropriation. If 

as a result of the bill the FCC increases its fees, the bill would impose a private-sector mandate on private entities required to pay 

those fees. Based on information from the FCC, CBO estimates 

that the cost of the mandate would be small—about $15 million 

over the next five years—and fall well below the annual threshold 

established in UMRA for private-sector mandates ($152 million in 

2014, adjusted annually for inflation). 

Estimate prepared by: Federal Costs: Susan Willie; Impact on 

State, Local, and Tribal Governments: Melissa Merrell; Impact on 

the Private Sector: Marin Burnett. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

DUPLICATION OF FEDERAL PROGRAMS

No provision of H.R. 3675 establishes or reauthorizes a program 

of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

To achieve the reforms and regulatory predictability envisioned 

by the Committee, H.R. 3675 requires the Federal Communications 

Commission to conduct the specific rule making delineated in section 2(a). 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 


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SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short Title. 

Section 2(a). Section 2(a) inserts after section 12 of the Communications Act of 1934 a new section, section 13, Transparency and 

Efficiency. 

Section 13(a) Initial Rulemaking and Inquiry. 

This subsection requires the FCC to conduct a notice and comment rulemaking and adopt rules to (1) set minimum comment and 

reply comment periods for rulemaking proceedings; (2) establish 

policies concerning extensive comments toward the end of a comment period; (3) establish policies to ensure that the public has 

time to review material submitted in a proceeding after the comment cycle has closed; (4) publish the status of open rulemakings 

as well as list the draft items the commissioners are currently considering; (5) establish deadlines for action on certain filings to the 

Commission and its bureaus; (6) establish guidelines for the disposition of petitions for declaratory ruling; (7) establish procedures 

for including the specific text of proposed rules in Commission Notice of Proposed Rule Makings (NPRM); and (8) to require the development of performance measures for FCC program activities, defined as each FCC program listed in the Federal budget or each 

program through which the FCC collects or distributes $100 million 

or more. 

Section 13(a) also requires the Commission to seek public comment on a notice of inquiry into whether and how the Commission 

should (1) allow a bipartisan majority of Commissioners to add an 

item to the Commission’s agenda; (2) inform Commissioners of all 

options available on a given Commission item; (3) ensure that Commissioners have adequate time to review the text of Commission 

items; publish the text of items for Commission consideration prior 

to Commission vote; (4) establish deadlines for the processing of applications for licenses; (5) generate additional resources for the 

processing of applications; and (6) publish Commission decisions 

within 30 days of adoption. 

Section 13(b) Periodic Review. 

This subsection requires the FCC to conduct a rulemaking to review the rules established in subsection 13(a) every five years. 

Section 13(c) Nonpublic Collaborative Discussions. 

This subsection allows a bipartisan majority of Commissioners to 

meet for collaborative discussions if they disclose such meetings 

within two business days and comply with Office of General Counsel oversight. This subsection also applies to meetings of FederalState Joint Boards. 

Section 13(d) Access to Certain Information on the Commission’s 

Website. 

This subsection requires the FCC to provide links on the Commission’s home page to the current budget, appropriations, number 

of full-time equivalent employees, and the Commission’s performance plan. 


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Section 13(e) Federal Register Publication. 

This subsection requires the FCC to publish the documents specified in the Federal Register no later than 45 days after release of 

the document or the day specified under any other provision of law. 

Section 13(f) Consumer Complaint Database. 

This subsection requires the FCC to put consumer complaint information in a publicly available, searchable database on its 

website. 

Section 13(g) Form of Publication. 

This subsection requires the FCC to publish documents specified 

in this section on its website. 

Section 13(h) Transparency Relating to Performance in Meeting 

FOIA Requirements. 

This subsection requires the FCC to take additional steps to inform the public about its performance in meeting the disclosure requirements of the Freedom of Information Act. 

Section 13(i) Prompt Release of Statistical Reports and Reports to 

Congress. 

This subsection requires the FCC to establish a schedule for the 

release of its required reports. 

Section 13(j) Annual Scorecard. 

This subsection requires the FCC to report annually regarding 

its performance in meeting the deadlines and guideline established 

in subsection (a), as well as how the Commission has used administrative law judges and independent studies. 

Section 13(k) Definitions. 

This subsection defines several terms used in the Act, including 

‘‘performance measure’’ and ‘‘program activity.’’ 

Section 2(b). Section 2(b) requires the Commission to adopt 

rules implementing new section 13 no later than one year after the 

date of enactment and delays the implementation of the non-public 

collaborative discussion provisions until all rules required by section 13 have taken effect. 

Section 3. Section 3 prohibits the FCC from categorizing inquiries or complaints under the Telephone Consumer Protection Act as 

wireline or wireless inquiries or complaints unless the complaint or 

inquiry originated from the conduct of a wireline or wireless carrier. 

Section 4. Section 4 specifies that the Act does not alter the general framework established by the Administrative Procedures Act 

and related laws, except where it does so explicitly (i.e., allowing 

deliberative collaboration among Commissioners and on the Federal-State Joint Boards). 

Section 5. Section 5 creates a permanent waiver of the 

Antideficiency Act for the Federal Universal Service Fund. The 

Universal Service Fund has been subject to a series of temporary 

waivers since 2004. 


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CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

COMMUNICATIONS ACT OF 1934 

* * * * * * * 

TITLE I—GENERAL PROVISIONS 

* * * * * * * 

SEC. 13. TRANSPARENCY AND EFFICIENCY. 

(a) INITIAL RULEMAKING AND INQUIRY.— (1) RULEMAKING.—Not later than 1 year after the date of the 

enactment of the Federal Communications Commission Process 

Reform Act of 2013, the Commission shall complete a rulemaking proceeding and adopt procedural changes to its rules to 

maximize opportunities for public participation and efficient decisionmaking. 

(2) REQUIREMENTS FOR RULEMAKING.—The rules adopted 

under paragraph (1) shall— 

(A) set minimum comment periods for comment and reply 

comment, subject to a determination by the Commission 

that good cause exists for departing from such minimum 

comment periods, for— 

(i) significant regulatory actions, as defined in Executive Order 12866; and 

(ii) all other rulemaking proceedings; 

(B) establish policies concerning the submission of extensive new comments, data, or reports towards the end of the 

comment period; 

(C) establish policies regarding treatment of comments, 

ex parte communications, and data or reports (including 

statistical reports and reports to Congress) submitted after 

the comment period to ensure that the public has adequate 

notice of and opportunity to respond to such submissions 

before the Commission relies on such submissions in any 

order, decision, report, or action; 

(D) establish procedures for publishing the status of open 

rulemaking proceedings and proposed orders, decisions, reports, or actions on circulation for review by the Commissioners, including which Commissioners have not cast a 

vote on an order, decision, report, or action that has been 

on circulation for more than 60 days; 

(E) establish deadlines (relative to the date of filing) for— 

(i) in the case of a petition for a declaratory ruling 

under section 1.2 of title 47, Code of Federal Regulations, issuing a public notice of such petition; 

(ii) in the case of a petition for rulemaking under section 1.401 of such title, issuing a public notice of such 

petition; and 


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(iii) in the case of a petition for reconsideration 

under section 1.106 or 1.429 of such title or an application for review under section 1.115 of such title, issuing 

a public notice of a decision on the petition or application by the Commission or under delegated authority 

(as the case may be); 

(F) establish guidelines (relative to the date of filing) for 

the disposition of petitions filed under section 1.2 of such 

title; 

(G) establish procedures for the inclusion of the specific 

language of the proposed rule or the proposed amendment 

of an existing rule in a notice of proposed rulemaking; and 

(H) require notices of proposed rulemaking and orders 

adopting a rule or amending an existing rule that— 

(i) create (or propose to create) a program activity to 

contain performance measures for evaluating the effectiveness of the program activity; and 

(ii) substantially change (or propose to substantially 

change) a program activity to contain— 

(I) performance measures for evaluating the effectiveness of the program activity as changed (or 

proposed to be changed); or 

(II) a finding that existing performance measures will effectively evaluate the program activity 

as changed (or proposed to be changed). 

(3) INQUIRY.—Not later than 1 year after the date of the enactment of the Federal Communications Commission Process 

Reform Act of 2013, the Commission shall complete an inquiry 

to seek public comment on whether and how the Commission 

should— 

(A) establish procedures for allowing a bipartisan majority of Commissioners to place an order, decision, report, or 

action on the agenda of an open meeting; 

(B) establish procedures for informing all Commissioners 

of a reasonable number of options available to the Commission for resolving a petition, complaint, application, rulemaking, or other proceeding; 

(C) establish procedures for ensuring that all Commissioners have adequate time, prior to being required to decide a petition, complaint, application, rulemaking, or other 

proceeding (including at a meeting held pursuant to section 

5(d)), to review the proposed Commission decision document, including the specific language of any proposed rule 

or any proposed amendment of an existing rule; 

(D) establish procedures for publishing the text of agenda 

items to be voted on at an open meeting in advance of such 

meeting so that the public has the opportunity to read the 

text before a vote is taken; 

(E) establish deadlines (relative to the date of filing) for 

disposition of applications for a license under section 1.913 

of title 47, Code of Federal Regulations; 

(F) assign resources needed in order to meet the deadlines described in subparagraph (E), including whether the 

Commission’s ability to meet such deadlines would be enVerDate Mar 15 2010 05:19 Feb 04, 2014 Jkt 039006 PO 00000 Frm 00016 Fmt 6659 Sfmt 6603 E:\HR\OC\HR338.XXX HR338

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hanced by assessing a fee from applicants for such a license; and 

(G) publish each order, decision, report, or action not 

later than 30 days after the date of the adoption of such 

order, decision, report, or action. 

(4) DATA FOR PERFORMANCE MEASURES.—The Commission 

shall develop a performance measure or proposed performance 

measure required by this subsection to rely, where possible, on 

data already collected by the Commission. 

(b) PERIODIC REVIEW.—On the date that is 5 years after the completion of the rulemaking proceeding under subsection (a)(1), and 

every 5 years thereafter, the Commission shall initiate a new rulemaking proceeding to continue to consider such procedural changes 

to its rules as may be in the public interest to maximize opportunities for public participation and efficient decisionmaking. 

(c) NONPUBLIC COLLABORATIVE DISCUSSIONS.— 

(1) IN GENERAL.—Notwithstanding section 552b of title 5, 

United States Code, a bipartisan majority of Commissioners 

may hold a meeting that is closed to the public to discuss official business if— 

(A) a vote or any other agency action is not taken at such 

meeting; 

(B) each person present at such meeting is a Commissioner, an employee of the Commission, a member of a joint 

board or conference established under section 410, or a person on the staff of such a joint board or conference or of a 

member of such a joint board or conference; and 

(C) an attorney from the Office of General Counsel of the 

Commission is present at such meeting. 

(2) DISCLOSURE OF NONPUBLIC COLLABORATIVE DISCUSSIONS.—Not later than 2 business days after the conclusion of 

a meeting held under paragraph (1), the Commission shall publish a disclosure of such meeting, including— 

(A) a list of the persons who attended such meeting; and 

(B) a summary of the matters discussed at such meeting, 

except for such matters as the Commission determines may 

be withheld under section 552b(c) of title 5, United States 

Code. 

(3) PRESERVATION OF OPEN MEETINGS REQUIREMENTS FOR

AGENCY ACTION.—Nothing in this subsection shall limit the applicability of section 552b of title 5, United States Code, with 

respect to a meeting of Commissioners other than that described 

in paragraph (1). 

(d) ACCESS TO CERTAIN INFORMATION ON COMMISSION’S

WEBSITE.—The Commission shall provide direct access from the 

homepage of its website to— 

(1) detailed information regarding— 

(A) the budget of the Commission for the current fiscal 

year; 

(B) the appropriations for the Commission for such fiscal 

year; and 

(C) the total number of full-time equivalent employees of 

the Commission; and 


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(2) the performance plan most recently made available by the 

Commission under section 1115(b) of title 31, United States 

Code. 

(e) FEDERAL REGISTER PUBLICATION.— (1) IN GENERAL.—In the case of any document adopted by the 

Commission that the Commission is required, under any provision of law, to publish in the Federal Register, the Commission 

shall, not later than the date described in paragraph (2), complete all Commission actions necessary for such document to be 

so published. 

(2) DATE DESCRIBED.—The date described in this paragraph 

is the earlier of— 

(A) the day that is 45 days after the date of the release 

of the document; or 

(B) the day by which such actions must be completed to 

comply with any deadline under any other provision of law. 

(3) NO EFFECT ON DEADLINES FOR PUBLICATION IN OTHER

FORM.—In the case of a deadline that does not specify that the 

form of publication is publication in the Federal Register, the 

Commission may comply with such deadline by publishing the 

document in another form. Such other form of publication does 

not relieve the Commission of any Federal Register publication 

requirement applicable to such document, including the requirement of paragraph (1). 

(f) CONSUMER COMPLAINT DATABASE.— (1) IN GENERAL.—In evaluating and processing consumer 

complaints, the Commission shall present information about 

such complaints in a publicly available, searchable database on 

its website that— 

(A) facilitates easy use by consumers; and 

(B) to the extent practicable, is sortable and accessible 

by— 

(i) the date of the filing of the complaint; 

(ii) the topic of the complaint; 

(iii) the party complained of; and 

(iv) other elements that the Commission considers in 

the public interest. 

(2) DUPLICATIVE COMPLAINTS.—In the case of multiple complaints arising from the same alleged misconduct, the Commission shall be required to include only information concerning 

one such complaint in the database described in paragraph (1). 

(g) FORM OF PUBLICATION.— 

(1) IN GENERAL.—In complying with a requirement of this 

section to publish a document, the Commission shall publish 

such document on its website, in addition to publishing such 

document in any other form that the Commission is required to 

use or is permitted to and chooses to use. 

(2) EXCEPTION.—The Commission shall by rule establish procedures for redacting documents required to be published by 

this section so that the published versions of such documents do 

not contain— 

(A) information the publication of which would be detrimental to national security, homeland security, law enforcement, or public safety; or 

(B) information that is proprietary or confidential. 


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(h) TRANSPARENCY RELATING TO PERFORMANCE IN MEETING

FOIA REQUIREMENTS.—The Commission shall take additional steps 

to inform the public about its performance and efficiency in meeting 

the disclosure and other requirements of section 552 of title 5, 

United States Code (commonly referred to as the Freedom of Information Act), including by doing the following: 

(1) Publishing on the Commission’s website the Commission’s 

logs for tracking, responding to, and managing requests submitted under such section, including the Commission’s fee estimates, fee categories, and fee request determinations. 

(2) Releasing to the public all decisions made by the Commission (including decisions made by the Commission’s Bureaus 

and Offices) granting or denying requests filed under such section, including any such decisions pertaining to the estimate 

and application of fees assessed under such section. 

(3) Publishing on the Commission’s website electronic copies 

of documents released under such section. 

(4) Presenting information about the Commission’s handling 

of requests under such section in the Commission’s annual 

budget estimates submitted to Congress and the Commission’s 

annual performance and financial reports. Such information 

shall include the number of requests under such section the 

Commission received in the most recent fiscal year, the number 

of such requests granted and denied, a comparison of the Commission’s processing of such requests over at least the previous 

3 fiscal years, and a comparison of the Commission’s results 

with the most recent average for the United States Government 

as published on www.foia.gov. 

(i) PROMPT RELEASE OF STATISTICAL REPORTS AND REPORTS TO

CONGRESS.—Not later than January 15th of each year, the Commission shall identify, catalog, and publish an anticipated release 

schedule for all statistical reports and reports to Congress that are 

regularly or intermittently released by the Commission and will be 

released during such year. 

(j) ANNUAL SCORECARD REPORTS.— 

(1) IN GENERAL.—For the 1-year period beginning on January 

1st of each year, the Commission shall prepare a report on the 

performance of the Commission in conducting its proceedings 

and meeting the deadlines established under subsection 

(a)(2)(E) and the guidelines established under subsection 

(a)(2)(F). 

(2) CONTENTS.—Each report required by paragraph (1) shall 

contain detailed statistics on such performance, including, with 

respect to each Bureau of the Commission— 

(A) with respect to each type of filing specified in subsection (a)(2)(E) or (a)(2)(F)— 

(i) the number of filings that were pending on the 

last day of the period covered by such report; 

(ii) the number of filings described in clause (i) for 

which each applicable deadline or guideline established under such subsection was not met and the average length of time such filings have been pending; and 

(iii) for filings that were resolved during such period, 

the average time between initiation and resolution and 


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the percentage for which each applicable deadline or 

guideline established under such subsection was met; 

(B) with respect to proceedings before an administrative 

law judge— 

(i) the number of such proceedings completed during 

such period; and 

(ii) the number of such proceedings pending on the 

last day of such period; and 

(C) the number of independent studies or analyses published by the Commission during such period. 

(3) PUBLICATION AND SUBMISSION.—The Commission shall 

publish and submit to the Committee on Energy and Commerce 

of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate each report required by paragraph (1) not later than the date that is 30 days 

after the last day of the period covered by such report. 

(k) DEFINITIONS.—In this section: 

(1) AMENDMENT.—The term ‘‘amendment’’ includes, when 

used with respect to an existing rule, the deletion of such rule. 

(2) BIPARTISAN MAJORITY.—The term ‘‘bipartisan majority’’ 

means, when used with respect to a group of Commissioners, 

that such group— 

(A) is a group of 3 or more Commissioners; and 

(B) includes, for each political party of which any Commissioner is a member, at least 1 Commissioner who is a 

member of such political party, and, if any Commissioner 

has no political party affiliation, at least one unaffiliated 

Commissioner. 

(3) PERFORMANCE MEASURE.—The term ‘‘performance measure’’ means an objective and quantifiable outcome measure or 

output measure (as such terms are defined in section 1115 of 

title 31, United States Code). 

(4) PROGRAM ACTIVITY.—The term ‘‘program activity’’ has the 

meaning given such term in section 1115 of title 31, United 

States Code, except that such term also includes any annual 

collection or distribution or related series of collections or distributions by the Commission of an amount that is greater than 

or equal to $100,000,000. 

(5) OTHER DEFINITIONS.—The terms ‘‘agency action’’, ‘‘ex parte 

communication’’, and ‘‘rule’’ have the meanings given such 

terms in section 551 of title 5, United States Code. 

TITLE II—COMMON CARRIERS 

* * * * * * * 

PART II—DEVELOPMENT OF COMPETITIVE 

MARKETS 

* * * * * * * 

SEC. 254. UNIVERSAL SERVICE. 

(a) * * * 

* * * * * * * 


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(m) APPLICATION OF ANTIDEFICIENCY ACT.—Section 1341 and 

subchapter II of chapter 15 of title 31, United States Code, do not 

apply— 

(1) to any amount collected or received as Federal universal 

service contributions required by this section, including any interest earned on such contributions; or 

(2) to the expenditure or obligation of amounts attributable to 

such contributions for universal service support programs established pursuant to this section. 

* * * * * * * 

PUBLIC LAW 108-494 

* * * * * * * 

øTITLE III—UNIVERSAL SERVICE 

øSEC. 301. SHORT TITLE. 

øThis title may be cited as the ‘‘Universal Service Antideficiency 

Temporary Suspension Act’’. 

øSEC. 302. APPLICATION OF CERTAIN TITLE 31 PROVISIONS TO UNIVERSAL SERVICE FUND. 

ø(a) IN GENERAL.—During the period beginning on the date of 

enactment of this Act and ending on January 15, 2014, section 

1341 and subchapter II of chapter 15 of title 31, United States 

Code, do not apply— 

ø(1) to any amount collected or received as Federal universal 

service contributions required by section 254 of the Communications Act of 1934 (47 U.S.C. 254), including any interest 

earned on such contributions; nor 

ø(2) to the expenditure or obligation of amounts attributable 

to such contributions for universal service support programs 

established pursuant to that section. 

ø(b) POST-2005 FULFILLMENT OF PROTECTED OBLIGATIONS.—Section 1341 and subchapter II of chapter 15 of title 31, United States 

Code, do not apply after January 15, 2014, to an expenditure or obligation described in subsection (a)(2) made or authorized during 

the period described in subsection (a).¿ 

Æ 


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